Profile

Andrew J. Heal has been a litigation partner with Blaney McMurtry LLP since 1997 with expertise in dispute resolution related to construction and municipal matters. Experienced in professional liability and complex cases, he has also been sought out by other lawyers for legal advice and counsel. "I'm proud that I am retained as the "lawyer’s lawyer," he says. Andrew is chair of the firm’s Architectural/ Construction/ Engineering Services Group.

Andrew represents both government and private sector clients. He acts regularly for a variety of municipalities, contractors, sub-contractors, owners, developers, insurers and lenders in construction-related matters. He serves as counsel in arbitrations and mediations and has extensive experience in negotiating resolutions of disputes, particularly for construction projects in trouble.

He has wide experience as an advocate appearing at coroner’s inquests, before the criminal courts in the Ontario Court of Justice and the Superior Court of Justice on the production of police records. He has also acted as trial counsel in the Superior Court of Justice and as appellate counsel before the Divisional Court and the Court of Appeal for Ontario.

Andrew has acted on Ontario Municipal Board hearings involving a wide range of planning issues and municipal law matters.

Publications & Speaking Engagements

Andrew has published articles in the Construction Law Reports and the Construction Law Journal in the United Kingdom as well as various Canadian Construction Industry publications.

• "Succession Planning", Chair of a panel discussion with succession planning speaker Paul Deans, Paul Charette of Bird Construction, Bill Flaig of Graham Construction, Canadian Construction Association Convention, March 15, 2012
• "Summary Judgment Revisited: The Court of Appeal's Decision in the Combined Air Mechanical Services v. Flesch et al case and their Application in the Construction Lien Context", Nuts and Bolts (Vol. 26, No.2), February 2012
• "The Civil Consequences of Failure to Meet Legal Standards: The Torts of Malicious Prosecution and Negligent Investigation", Panel Discussion, The Latest Developments in Detention, Arrest, Interviewing and Interrogation: Law and Practice: Osgoode Hall Continuing Professional Development, December 2, 2011
• "Sepember 21, 2011 Dinner Program: Overview of the New CCDA 5A and 5B Construction Management Contracts", Nuts and Bolts, (Vol.26, No.1) November 2011
• "Proactive Strategies for Success in Uncertain Times", Program Chair, Construction Law Primers, On The Park Conference & Events Centre, Toronto, October 18, 2011
• "Summary Judgment", Crown School - Ontario Ministry of the Attorney General, McMaster University, July 27, 2011
• Guest Instructor, Intensive Trial Advocacy Workshop, Osgoode Hall Professional Development Program, July 11, 2011
• "Summary Judgment...the latest word", to claims counsel at Lawyers Professional Indemnity Company, June 30, 2011 (with Gary Srebrolow who presented separately on "Factors to Consider when Retaining Experts")
• "Strategies for Minimizing Municipal Liability Claims relating to Planning and Building", Township of Essa, May 17, 2011 (with Todd Robinson)
• "All You Need to Know about Insurance! - A Panel Discussion", at the 93 Annual Canadian Construction Association Convention, March 9, 2011
• The Canadian Institute’s 17th Annual Conference on Provincial/Municipal Government Liability, presenting "Cross Canada Update and Hot Topics" and "Recent Trends in Police Liability", February 8-9, 2011
• OBA Institute Program: Common Errors in Construction Litigation, Best Practices to Avoid Them, and What to Do When they Occur, February 3, 2011
• Disposition before Trial, Seminar at Blaney McMurtry LLP, January 13, 2011
• "Supreme Court Clarifies When Insurance Must Respond to Construction Deficiency Claims", Blaneys on Building, December 2010
• Construction Law Update: Building For Tomorrow, seminar at Blaney McMurtry LLP, November 9, 2010, chair
• OBA Dinner Program: Construction Expert Evidence: Who Let the Dogs Out?, October 7, 2010, chair
• Strategies for Defending Liability Claims in the Construction Context, to claims personnel at Chartis Insurance, September 14, 2010.
• "Successful Strategies to Resolve Construction Disputes and Lessons Learned from Tercon", Canadian Institute program, Changing the Face of Tendering Law in Canada on June 15, 2010 in Toronto, and again on June 17, 2010 in Ottawa.
• "Supreme Court Issues Caution to Government Using Protective Clauses in Tendering Process", (2010) 4 D.M.P.L. (2d), June 2010 Issue 18, in the June edition of the Digest of Municipal & Planning Law
• "Mock Trial- Roles and Responsibilities", ACFI - 12th Annual Canadian Fraud Conference - May 3-4, 2010
• OBA Dinner Program: Practical and Creative Approaches to Construction ADR, May 6, 2010, co-chair
• Effective Legal Writing, Seminar at Blaney McMurtry LLP, April 29, 2010
• "Current And Emerging Trends of Various Torts" Annual Canadian Institute: Bringing and Defending Litigation Against the Crown, April 12, 2010 (with James Kendik)
• March 18, 2010 "Agreeing to Disagree: Contract Clauses and Proactive Strategies for Resolving Disputes", paper presented at the 92nd Annual Canadian Construction Association's Conference.
• March 9, 2010 "Holdback Funds: Rights and Obligations", paper presented at the Canadian Bar Association half day program Using the Construction Lien Act to Your Client's Advantage.
• February 9-10, 2010, Co Chair, The Canadian Institute’s 16th Annual Conference on Provincial/ Municipal Government Liability, and presenting "Reducing Liabilities: Recent Developments in Municipal and Provincial Land Use Planning"
• December 1, 2009 "COCA Board Meeting: Alternative Dispute Resolution and Construction - How to make It Work for You"
• November 3, 2009 "Risk Managing the Municipal Procurement Process", Seminar for Municipalities and Regional Municipalities
• "Recent Developments in Construction Law and Current Topics of Interest", OBA- LSUC Operation Update- October 2, 2009
• "Successful Strategies for Defending Against Negligent Building Inspection Claims" (2009) 10 Municipal Liability and Risk Management 4, May 2009 (with Naomi Brown)
• "The Nuts and Bolts of an Anton Piller Order and Mareva Injunction", ACFI - 11th Annual Canadian Fraud Conference - May 4-5, 2009
• "Strategies for Defending Professional Liability Claims", Blaney McMurtry Insurance Seminar - February 26, 2009
• "Arbitration a Good Tool in Resolving Construction Contract Disputes" (2009) Vol 7 Commercial Litigation Review No. 1.
• "Conflicts of Interest Emails and Information Barriers", Blaney McMurtry Seminar - January 5, 2009
• "Disposition Before Trial", Blaney McMurtry Seminar - November 18, 2008
• "The Law of Fraud", ACFI - Workshop - October 29, 2008
• "Ontario’s New Building Code: Issues in Practice", OBA (Joint program with Municipal Law and Construction Law Section) - October 2, 2008 
• "A Novel Alternative: Section 34 of the Construction Lien Act", Remedies Beyond the Lien -Ontario Bar Association- May 29, 2008 
• "Your Expert Report: Best Practices", ACFI - 10th Annual Canadian Fraud Conference - May 26-27, 2008
• "As Disputes Arise Consider Construction Arbitration as an Effective Dispute Resolution Tool", Nuts and Bolts, (Vol. 22, No.4) April, 2008 
• "Latest Word on the Ontario Building Code", Hot Tips in Construction, Blaney McMurtry LLP, Presentation, February 28, 2008
• "Successful Strategies for Minimizing Negligent Building Inspection Claims" 14th Annual Canadian Institute: Provincial/ Municipal Liability Conference,  February 7-8, 2008 (with Naomi Brown)

Quoted In

• "Robers Lapper Takes LSUC Reins This Week", Law Times, January 30, 2012

Over the years, he has written and spoken widely on all aspects of professional liability and complex cases including appearances before members of the construction industry; including :"Managing Construction Claims: Dealing with Changes to Work", the Canadian Geotechnical Society, on "Recent Developments in the Law Relevant to Geotechnical Engineers". He has also spoken to lawyers at The Law Society of Upper Canada on the subject of the "Duties and Obligations of Contractors and Subcontractors under the Construction Lien Act", to the Building and Concrete Restoration Association of Ontario on the liabilities and risks facing the building and concrete restoration industry and to the Toronto Construction Association on "Protecting Your Assets and Getting Paid." Andrew has also addressed the CEO, OAA, and other construction industry groups on Alternative Dispute Resolution. He has presented on issues relating to professional liability and discipline to other professionals, including Discipline Committee members at "Training Discipline Committee Members", and to forensic accountants and investigators of the Association of Certified Forensic Investigators of Canada "Do's and Don'ts of Report Writing: Reporting for both Civil and Criminal Issues", "Seeing the Forest for the Trees: Increasing your Net Recovery," and "Effective Reports for Court.", and at George Brown College School of Construction Management and Trades/School of Architectural Studies - Law and Construction Contracts, 2009-2010.

Andrew graduated from McGill University in 1985, was awarded his LL.B (Juris Doctor) from the University of Toronto and was admitted to the Ontario Bar in 1990. He received his Master of Laws (LL.M) in Alternative Dispute Resolution in 1999 while continuing his full time practice.

A golf, skiing and biking enthusiast, he is also a volunteer canvasser, and former Director of St. Christopher House, and a current Director of the South Drive Children's Circle and the Friends of Humberside.